Founding Attorney
Have you received a demand letter or notice claiming that you owe money for using an image or other work on a website, blog, or social media page? You are not alone. These demand letters are increasingly common and generally come from copyright enforcement companies or law firms retained by the owner of the image to enforce their rights. While it may be tempting to ignore the demand and hope it goes away, doing so may be a costly mistake.
Why Did You Receive the Letter?
Recipients of copyright demand letters may initially be surprised or confused as to why they received a copyright demand letter, as these letters often cite images that were posted on a blog or social media page sometimes months prior.
If you sourced an image from online and posted it on your website or social media page without the permission of the owner, the owner may use this as a basis for a copyright infringement claim. This may be the case even if you were not aware that you did not have permission to use the image and even if the identified webpage or social media page has little traffic or few followers.
What Does the Letter Include?
Routine copyright demand letters typically include:
- the name of the copyright owner;
- one or more screenshots of the alleged infringing image or other work;
- a demand for payment (often in the amount of several thousand dollars);
- a deadline by which you must remit payment; and
- an attached settlement agreement and payment form.
Every demand letter may not deserve the same treatment, as enforcement companies vary in whether they pursue litigation or further action if a demand letter is not responded to. However, it is generally advisable to consult with an attorney immediately after receiving a copyright demand letter to ensure any necessary corrective action is taken in a timely manner.
Is It Enough If You Remove the Identified Work?
Some recipients of a demand letter believe that if they simply delete the identified photo or other work from their website or social media page, no further action can be taken against them. This is a common misconception, as removing the identified work does not automatically eliminate any liability from past unauthorized use.
Can You Just Ignore the Letter?
Some recipients may read a copyright demand letter and believe it is a scam to which no response is required. Others may elect to immediately pay the demand amount to avoid the possibility of being sued. In either case, the recipient may maintain peace of mind and ultimately save on cost if they timely consult with an attorney prior to taking any action.
It is not uncommon for these demand letters to escalate to litigation if the recipient does not respond to the demand. Once a lawsuit has been initiated, a defending party must strictly adhere to court deadlines to avoid having a default judgment rendered against it, which may result in even higher fees than what was listed in the initial demand.
Other recipients may desire to contact the copyright enforcement company directly to negotiate a compromise. While it is generally permissible to do so, these companies are often aggressive in negotiations and may prevail against individuals who are unfamiliar with copyright law. Additionally, if you are unable to successfully negotiate a favorable outcome directly, your previous negotiations may pose additional obstacles if you choose to retain legal counsel later. If timely consulted, an experienced copyright attorney may be able to negotiate the demand to a fraction of its original amount.
Work With an Experienced Copyright Attorney.
While it may be tempting to ignore a copyright demand letter and hope it goes away, or to pay the full demand outright for fear of the matter escalating, doing so may ultimately cost you. Consulting with an attorney immediately upon receiving a copyright demand letter may help you better understand your options in order to make an informed decision. The copyright attorneys at the Kumar Law Firm PLLC have experience navigating and responding to these copyright demands. Contact us to schedule your initial complimentary consultation today.